Art. 97 Schweizerische Strafprozessordnung (StPO) - Auskunftsrechte bei hängigem Verfahren

AbR.1980.81.Nr.34 · ow (Art. 97 Abs. 2 StPO)

Criminal Commission Can Revisit Discontinued Proceedings Despite Pending Appeal

This provision is cited as the basis for the commission's ability to reconsider its decision to dismiss the case, even if an appeal has been filed.

ZZ.2000.15 · so (§ 97 Abs. 2 StPO)

Acquittal for Failure to Surrender Seized Assets Based on Principle of Accusation

This provision is cited in the reasoning regarding the required content of the final decision (Schlussverfügung) which embodies the indictment in this canton, and although the main ruling (acquittal) relies on the violation of the accusation principle, the text provided does not contain an explicit dispositive section citing the procedural provision determining the acquittal outcome itself (like an appeal ruling citing Art. 93 LTF, etc.). However, as the reasoning discusses the requirement of this provision in relation to the indictment, and the case outcome hinges on the violation of the principle described in § 97 Abs. 2 StPO, it is listed here as the basis for the finding that the indictment was flawed.

RBOG.1998.Nr.35 · tg (§ 97 Abs. 1 StPO)

Spousal Right to Refuse Testimony in Interrogation Records Removal Case

Cited in the reasoning regarding the status of a person urgently suspected of a crime.

RBOG.1998.Nr.35 · tg (§ 97 Abs. 3 StPO)

Spousal Right to Refuse Testimony in Interrogation Records Removal Case

Cited in the reasoning regarding the lack of an enforceable duty to testify or tell the truth for co-accused persons.

RBOG.1998.Nr.35 · tg (§ 97 Abs. 4 StPO)

Spousal Right to Refuse Testimony in Interrogation Records Removal Case

Cited in the reasoning regarding the right to refuse testimony for persons of information when proceedings are directed against a specific person.

ZZ.1996.22 · so (§ 97 Abs. 2 StPO)

Field Waste Burning Fine Upheld Despite Procedural Concerns Regarding Disposition Sufficiency

This provision defining the requirements for the concluding order (which functions as an indictment) was the core procedural issue leading to the judgment's outcome (implied dismissal/rejection of the appellant's procedural claim).

ZZ.1993.21 · so (§ 97 Abs. 3 StPO)

Right to Compensation After Discontinued Investigation

Mentioned in the context of setting deadlines, although ultimately deemed not applicable for the discontinuation of a preliminary investigation in this specific context.

ZZ.1978.21 · so (§ 97 Abs. 2 StPO)

Appeal Permitted Due to Ancillary Rulings Exceeding Scope; Asset Seizure for Investigation Costs Invalid

The court determined it had jurisdiction to hear the appeal because the challenged order contained elements beyond the scope defined in this provision for non-appealable final decisions.

BB.2025.82 (Art. 97 StPO)

Federal Criminal Court Denies Broad Access to Case Files for Non-Defendants

Grants a right to information regarding personal data processed in a case.

P/13450/2012 · ge (art. 97 al. 1 let. c aCP et 329 al. 5 CPP)

Appeal Against Conviction for Assault, Theft, and Obstruction Affirmed

The court confirmed the classification (dismissal) of the charges of property damage and violation of domicile in the dispositive of the judgment under appeal.

501 2023 104 · fr (art. 97 al. 1 let. c aCP et 329 al. 4 et 5 CPP)

Appeal Against Sentence for Repeated Sexual Violence Against Minor Stepdaughter Upheld

Used to declare the prescription and extinction of the criminal action for violation of the duty of assistance or education committed until December 31, 2013.

P/5839/2024 · ge (Art. 97 al. 1 et 212 al. 3 CPP)

Appeal Rejected: Detention Upheld Due to High Risk of Reoffending in Grave Offense Case

These articles relating to the proportionality principle were cited to justify that the refusal of release did not violate proportionality.

VB.2023.00252 · zh (§ 97 Abs. I StPO)

Police Searches and Data Collection Lawful in Football Match Vandalism Investigation

Cited for the purpose of criminal investigations.

502 2024 69 · fr (Art. 97 CPP)

Father Denied Complainant Status in Sexual Abuse Case Over Moral Damages Threshold

Mentioned as a possible basis for a specific request for the audit report concerning the appellant's own statement.

P/13211/2023 · ge (Art. 97 al. 1 et 212 al. 3 CPP)

Appeal Regarding Pre-Trial Detention for Drug-Related Offenses

These articles concerning the penalties threatened and proportionality were cited in the final order rejecting the appeal.